ABDUL ARIF Vs. RANI AMUTHA K & ANR

JUDGEMENT

(1.) The Petitioner is an Accused in C.R. No. 106/2015 on the file of Judicial Magistrate First Class, Port Blair. The Trial Court vide order dated 29.03.2016 acquitted the Petitioner holding that the Petitioner is not guilty for an offence under Sec. 138 of the Negotiable Instruments Act, 1881. The main reason to acquit the Petitioner as assigned by the Trial Court was that the complaint filed by the Respondent/Complainant was premature, inasmuch as the same is filed without completion of 15 days after the receipt of the notice by the Accused. The High Court of Calcutta (Circuit Bench at Port Blair) in CRA No. 026 of 2016 has set aside the judgment and order of acquittal passed by the Trial Court and convicted the Accused. Hence, the accused is before us questioning the judgment and order of conviction passed by the High Court.

(2.) It is alleged by the complainant in his complaint that the Accused had taken a sum of Rs.9,20,000.00in cash from the Complainant as financial help due to his personal needs. In order to settle the amount, the accused person issued four postdated cheques bearing Nos. 019060 to 019063. One notorized undertaking was also given on 21.12.2014. The accused was to repay the said amount within six months.

(3.) Though the Trial Court did not take pains to enter into the merits of the matter despite the fact that it has recorded the evidence of the parties fully, the High Court on evaluation of the material concluded that the offence is made out against the accused. Having regard to the material on record, we find that the High Court is justified in concluding so.